By ERWIN ‘AMBO’ DELILAN
FROM a simple “humanized” plot on the controversial estates of the late Don Juan Binigay, now comes the legal “proof after proof” from the local courts and High Tribunal.
Individuals in this land dispute in Sagay City, Negros Occidental are gradually coming out. The first batch was Allan Sing Benco and the Social Security System (SSS). In separate interviews, their similar assertion was: “Everything’s legal”.
Mr. Sing Benco said he bought the land legally.
“Before ko ginbakal sa mga Coscolluelas, I checked everything, and it’s okay. So, in good faith, ginbakal ko,” he added.
Mr. Sing Benco built a building on the lot now under the name of his son, Kyle Allen. SSS rented the building for its Sagay branch.
SSS-Bacolod’s Engr. Jerry Peñafiel said SSS-Sagay is renting the entire 500-square meter building space. They commenced the five-year lease contract in January of this year.
Recently, the Binigays through their legal counsel sent SSS-Sagay a Notice to Vacate. They cited as basis the decision of Judge Renato Muñez of the Cadiz City Regional Trial Court (RTC) Branch 60 in 2009 favoring them. The copy of Entry of Final Judgment was signed by Cadiz City RTC Branch 60’s Clerk of Court, Atty. Felix Guarnes Jr., dated Feb. 1, 2020.
Judge Muñez awarded 81 of the 7,000 (not 700 as earlier reported) hectares of contestable lands to the heirs of Don Juan. With this, the Registry of Deeds (RoD) in Negros Occidental under the incumbency of then Officer-In-Charge (OIC) Teody Teovisio cancelled the Certificate of Titles (CoTs) within the 81 hectares with lot numbers 222, 223, 262, 1195, 1196, and 1197 under the names of several private owners and the city government of Sagay in 2019.
Mr. Sing Bengco’s lot was under Lot No. 223.
With this, a civil case (CC) numbered 19-1178-S was born, prompting Judge Reginald Fuentebella of the RTC Branch 73 in Sagay City, on May 4, 2021, to invalidate Teovisio’s order of cancelling several CoTs.
Fuentebella’s decision, however, was appealed by the Binigays at the Court of Appeals (CA), and such is pending still.
Lilani Benedian, vice president, Visayas West 1 Division, SSS Bacolod, stressed, “Nothing to worry…We are just collateral in this dispute.”
But she clarified that the SSS contract (as a lessor of the building) of Mr. Sing Bengco was legitimate. Such, she added, passed through their legal department and everything was meticulously scrutinized before it was approved.
“Nonetheless, we are just renting the building, therefore, we have nothing to fear,” said Benedian
FOR LEGAL ACCURACY
Court documents revealed that the disputed properties were already subjected to CC before and numbered as X-356 (50-SC). It was titled: “Recovery of Ownership and Possession of the Real Properties and Reconveyance and Damages”.
Acting as plaintiffs were heirs of Juan Binigay, Judicial Administrator Maximo Villamor and Attorney-in-fact Buenaventura Binigay.
The defendants included: Ildefonso Coscolluela and Porfiria Cordova; Gloria Coscolluela joined by her husband, Juan de Dios Borromeo; Sy Yong Hu and Trinidad Sing Ghuban-Peras.
The particular CC was filed and tried at the Cadiz City RTC 60 by then Judge Adelino H. Ledesma.
Subject lot properties of Don Juan in this case were 152,213.629 square meters under numbers 222, 223, 262 , 1195, 1196, and 1197.
Annex A of the court documents I’ve secured revealed that Judge Ledesma, on Dec. 4, 1983, dismissed the plaintiffs’ complaint
“No satisfactory evidence having been adduced by all the defendants to justify an award on their respective counterclaims,” portion of Judge Ledesma’s decision read.
Hence, the said judge ruled that all the properties stated in this case were acquired (by the defendants) “in good faith and for value.”
Annexes B, C, D, E, F, G, H and I, however, contained appeals and counter-appeals by both the plaintiffs and defendants up to the Supreme Court (SC).
And Annex K showed that on Aug. 20, 1984, the High Tribunal finally ruled, upholding the earlier decision of Judge Ledesma.
In a copy of the SC’s decision signed by Daniel Martinez, clerk of court, and Vitalino Umali, assistant division clerk of court both in the Second Division, there, it read, “Acting on the motion of counsel for petitioners for reconsideration of the resolution of June 11, 1984 which denied the petition for review on certiorari, the Court Resolved to DENY the motion for LACK OF MERIT, and this DENIAL is FINAL.”
This was the basis of Judge Fuentebella’s decision invalidating RoD-NegOcc’s order, cancelling the land titles in the disputed properties already resolved by the SC.
Meanwhile, it’s good to note that the City of Sagay also signified intention to hold a press conference soonest to clarify its position on this legal brouhaha. Several of its public offices are currently standing on the disputed properties via Deeds of Donation. Thus further legal enlightenment is a must. The public deserves to be clarified./PN
